‘Totally false report’: Bombay High Court orders state to decide on FIR in minor rape victim’s failed abortion, baby’s death

The abortion procedure failed, resulting in the baby’s birth. The newborn later died, allegedly due to starvation, as the facility prioritised DNA sampling over life support.

On March 7, when the petitioner was nearly 24 weeks pregnant, another HC bench permitted the abortion under the Medical Termination of Pregnancy (MTP) Act. A medical board had recommended it to safeguard her physical and mental health.

On March 18, Justice Jamdar-led bench expressed “shock” at the incident’s “seriousness and gravity.” The bench ordered the public health principal secretary to “thoroughly” probe why the civil surgeon in his compliance report claimed the abortion as “successfully done.”

That day, Advocate Mohansingh Rajput told the Justice Jamdar-led bench that the compliance report by the Civil Hospital was “false.” Rajput, appearing for the petitioner, claimed the “criminal negligence” by the doctors. Rajput said abortion failed, the baby girl was born, and the newborn was “starved to death” on the night of March 16, despite pleas from the victim, her mother, and a child welfare officer.

What the probe report said

On Thursday, E Ravindran, Secretary, Public Health, submitted the probe report, which the court asked to be kept in a sealed envelope. The bench noted the report clearly showed the civil surgeon’s March 16 report stating that the Medical Termination of Pregnancy of the victim was successfully carried out, is “totally false”.

The probe report added that the newborn received no treatment for nearly 11 hours, leading to the baby girl’s death. It also revealed that after the March 18 high court order, “an attempt has been made to fabricate the record to make a show of treatment given to the child.”

The report also recommended initiating an inquiry against Dr Yuvraj Karpe, Civil Surgeon, Satara, and gynaecologist Dr Chandsaheb Shikalgar. The state lawyers said both have been suspended.

The bench then asked state counsel, Advocate T J Kapre, to seek the principal secretary’s instructions on further action in the matter. “The State of Maharashtra is also to take a decision regarding lodging of FIR,” the court noted.

The bench also directed Satara’s superintendent of police to take appropriate action on Rajput’s complaint, ensure continued protection for the victim, and provide immediate police protection for the lawyer.

Earlier, the court ordered the state to provide and fund the treatment and counselling for the “traumatised” victim through a reputed psychiatrist. However, Rajput claimed that the government insisted on the victim making the initial payment, followed by its reimbursement.

After Rajput cited the petitioner’s modest background, the bench directed the High Court Legal Services Committee or the District Legal Services Authority to take immediate steps to provide necessary treatment and counselling and to bear costs.

The court, after setting a further hearing for April 7, also asked the committees to appoint two paralegal volunteers to assist the victim.